What's happening
This bill allows New York state agencies to accept and process business permit applications electronically, including electronic signatures, except for certain excluded licenses and filings.
Why it matters
Could make it faster and easier for businesses to apply for, renew, or modify permits and licenses,. reducing paperwork and in-person visits, which can save time and administrative costs for both applicants and state agencies.
Promotes modernization and digital transformation of government services,. potentially improving efficiency, record-keeping, and accessibility, especially for small businesses that may lack resources to navigate complex paper-based systems.
Limits and exceptions are included. certain applications (like bonds, professional licenses under education law, UCC filings, and personal licenses such as driver's licenses) are specifically excluded, which means not every permit or license will be eligible for electronic processing.
Legal recognition of electronic signatures and records. aligns New York with broader trends in e-government and business, offering legal clarity and consistency for businesses that already use digital processes elsewhere.
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Who cares
Headline styles
Allow Online Permit Applications
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
2 Co-sponsors
History
- Substituted by A2640
- Advanced to third reading
- 2nd report cal.
- 1st report cal.321
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Online Permit Applications
Signed by Governor · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4114
2019-2020 Regular Sessions
IN SENATE
February 28, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the state administrative procedure act, in relation to electronic permit applications and electronic recordkeeping
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The state administrative procedure act is amended by adding a new section 402 to read as follows:
§ 402. Electronic filing of applications for certain business permits. 1. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit an application for a business permit or other license subject to the provisions of this section to be filed with such agency, subscribed and affirmed by the applicant as true under penalty of perjury where statute otherwise requires that such signature be acknowledged, verified or sworn under oath.
2. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit any application for a business permit or other license subject to the provisions of this section to be submitted to such agency by electronic means, provided that any signature required thereon shall meet the requirements of subdivision three of section three hundred two of the state technology law, and the use of electronic records shall meet the requirements of subdivision one of section three hundred five of the state technology law.
3. This section shall apply to applications for the issuance, modification or renewal of any permit, license, certificate, approval, registration, charter, or similar form of permission or authority required by law, or by state agency rules having the force and effect of law, which is required for a business undertaking, project or activity for an applicant, but shall not include bonds or other forms of security
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04581-01-9
S. 4114 2
required to be submitted by applicants, any individual licenses for practicing a profession prescribed in title eight of the education law, filings under the uniform commercial code, or routine licenses and permits for individual privileges, including licenses for operating a motor vehicle.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to electronic permit applications and electronic recordkeeping
Purpose
This bill would reduce unnecessary barriers to electronic filing of applications for business permits with state agencies by allowing agency regulations to substitute an affirmation under penalty of perjury for a required sworn acknowledgement or oath.
Summary of provisions
Section 1. Adds a new f 402 to the State Administrative Procedure Act to provide for electronic filing of applications for certain business permits. Subdivision 1 authorizes an agency to adopt regulations allow- ing an application for a business permit or other license to be filed that is subscribed and affirmed by the applicant as true under penalty of perjury, where statute would otherwise require that such signature be acknowledged, verified or sworn under oath. Subdivision 2 authorizes an agency to promulgate regulations all owing an application for a business permit to be submitted electronically, provided that all electronic signatures and records inset the standards of the State Technology Law. Subdivision 3 provides that the section applies to applications for licenses, permits and similar approvals which are required for business undertakings, projects or activities, but shall not include bonds or other forms of security required to be submitted by applicants, any individual licenses for practicing a profession prescribed in Title 8 of the Education Law, filings under the Uniform Commercial Code, or for routine licenses and permits for individual privileges, including licenses for operating a motor vehicle.
Section 2. Effective date.
Existing law
In 2000, the Legislature authorized the Department of State to substi- tute an affirmation under penalty of perjury for a sworn oath or acknowledgment in its licensing programs (Executive Law 5 97-a), Other agencies still operate under provisions of law that, in many cases, unnecessarily require sworn oaths or acknowledgements.
Justification
New York State must continue its efforts to improve the business climate and allow the use of technology to reduce the costs of government and improve efficiency. This requires rethinking statutory requirements to ensure that 20th - or sometimes 19th - century laws are not creating barriers to job creation, agency coordination and administrative stream- lining. Requiring a sworn oath or affirmation as part of a permit appli- cation may preclude electronic submission or web-based forms. This bill would allow licensing agencies to use their best judgment and, after soliciting public input, adopt regulations allowing for the more flexi- ble, but equally effective, approach of requiring an applicant to affirm the truth of statements in an application under penalty of perjury. The experience of the Department of State since it changed from oaths to affirmations a decade ago has been positive. Not only was the agency able to reduce its processing times and costs by no longer having to return improperly verified applications, but it estimates that the change saved businesses hundreds of thousands of dollars.
Legislative history
2017-18: A3660/S1646- Passed Assembly 2018/ Passed Senate 2017 2015-16: S1975/A1129 - Passed Senate/Governmental Operations 2014: S3246/A2561 - Passed Senate/Codes Committee 2013: S3246/A2561 - Passed Senate/Governmental Operations Committee 2012: S4815/A7446 - Passed Senate/Governmental Operations Committee ee 2011: S4815/A7446 - Commerce, Economic Development & Small Business/Gov't Ops
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.